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IN RE CITY NORTH PLATTE, NEBRASKA

No. S-97-784.

599 N.W.2d 218 (1999)

257 Neb. 551

In re Application of CITY OF NORTH PLATTE, NEBRASKA. Dawson County Public Power District, appellant, v. City of North Platte, Nebraska, appellee.

Supreme Court of Nebraska.

August 27, 1999.

Attorney(s) appearing for the Case

E. Bruce Smith, of Stewart & Smith, Lexington, for appellant.

Douglas L. Stack, of Girard and Stack, P.C., North Platte, for appellee.

Patrick W. Healey, Lincoln, for amicus curiae Nebraska Rural Electric Association.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

INTRODUCTION

The City of North Platte (North Platte) filed an application with the Nebraska Power Review Board (PRB) to determine how much North Platte must compensate the Dawson County Public Power District (power district) for annexing land in the power district's service area and supplying electricity to customers there. The PRB determined that North Platte did not have to compensate the power district under Neb.Rev.Stat. § 70-1010 (Reissue...

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